Gft.    11^ 


Duke  University  Libraries 

Test  oaths  : 

Conf  Pam  #504 

DTTDTb73SS 


State  Convention.]  [June,  1861, 

Ordered  to  be  Printed. 


Syme  &  Hall,  Printers  to  the  Convention. 


TEST   OATHS. 


The  Committee  to  whom  wa.s  refereed  the  resolution  upon  the 
subject  of  test  oaths  have  had  the  same  under  consideration, 
and  a  majority  have  agreed  to  and  instructed  me  to  report 
the  following  ordinances,  and  the  same  is  respectfully  siibinit- 
ted  for  adoption  by  the  Convention. 

W.  A.  Smith,  Chairman. 

AN  ORDINANCE. 

Section  1.  Be  it  ordained  l>i/  the  Behgates  of  North  Caro- 

2  lina^  in  Convention  assembled,  and  it   is  hereby  ordained  by 

3  the  authority  of  the  same.  That  the  third  and  fourth  sections 

4  of  the  seventy-sixth   chapter  of  the  Revised   Code,  entitled 
o  "  Oaths,"    be  so    amended,   that  tlie   words    "  Confederate 

6  States"  he  substituted   in  the  place  of  the  words  "  United 

7  States"  wherever  it  occurs  in  the  said  sections  or  any  other 

8  section  of  the  said  chapter. 

Sec.  2.  Be  it  further  ordained^  That  all  members  of  the 
2  General  Assembly,  and  all  officers  n<nv  holding  or  exercising 
o  any  office  of  trust  or  profit,  or  who  shall  hereafter  he  elected 

4  or  appointed  to  any  office  of  trust  or  profit,  within  the  State. 

5  shall  take  the  following  oath  or  affirmation :  I,  A.  B.,  do 
G  solemnlv  swear  {or  affirm  as  the  case  may   he)  that  1  will 


■1  State  Convention.  [Juno, 

7  support  the  Constitution  of  tlie  Confederate  States  of  Ame- 

8  rica ;  so  help  me  God. 

Sec.  3.  Be  it  further  ordained,  That  if  any  person  or  per- 
2  sons  shall,  by  his  or  their  acts,  conduct,  or  expressions,  give 
•)  reasonable  grounds  of  suspicion  of  disaffection  or  disloyalty 
4  to  the  government  or  constituted  authorities  of  this  State, 
:')  or  the  government  of  the  Confederate  States,  upon  com- 
0  plaint  made  by  any  citizen  of  this  State,  on  oath,  before  any 

7  justice  of  the  peace,  or  any  Judge  of  this  State  or  the  Con- 

8  federate  States'  Courts,  specifying  particularly  the  said  acts, 
y  conduct,  or  expressions  ;  the  |Judge  or  Justice  is  hereby  au- 

10  thorized  to  issue  a  Avarrant  to  any  constable  or  other  officer 

1 1  commanding  him  to  arrest  the  said  person  or  persons  and 

12  bring  him  or  them  with  said  warrant  before  any  three  jus- 
lo  tices  of  the  peace  of  this  State,  or  any  Judge  of  the  Courts 
14  afoiesaid,  w^ho  shall  impartially  inquire  into  the  facts,  and  if 
1")  sufficiently  established  to  their  or  his  satisfaction,  the  said 
1(J  Justices   or  Judge  shall  cause  the  said  person  or  persons  to 

17  take,  and  if  required,  shall  subscribe  the  following  oath,  to 

18  wit:  "I,  A.  B.,  do  solemnly  swear  (or  affirm  as  the  case  may 

19  be)  that  I  will  faithfully  demean  myself  as  a  peaceable  citi- 

20  zen  of  North   Carolina ;  that  I  will   be  subject   to  the  laws 

21  and  authorities  that  are  or  may  be  established  for  the  good 

22  government  thereof,  not  inconsistent  with  the  Constitution 
2?)  of  this  State  and  the  Constitution  of  the  Confederate  States 

24  of  America,  either  by  yielding  an  active  or  passive  obedi- 

25  encc  thereto  ;  and  that  I  will  not  abet  or  join  the  enemies  of 

26  the  State,  by  any  means,  or  any  conspiring  whatever  against 

27  the  State;  that  J  will  disclose  and  make  known  to  the  le* 

28  gislative,   executive   or  judicial   powers  of  this   State,    all 

29  treasonable  conspiracies  which  I  shall  know  to  be  made  or 

30  intended  against  the  State  ;  and  that  I  will  support  the  Con- 

31  stitution  of  the  State  not  inconsistent  with  the   Constitution 

32  of  the   Confederate  States.     And  that  I  will  support  the 

33  Constitution  of  the  Confederate  States  of  America."     And 

34  thereupon  the  said  person  or  persons  shall,  upon  payment  of 


1861.]  State  Convention.  3 

35  the  costs  of  said  warrant  be  discharged;  and  if  said  person 

36  or  persons  shall  fail  or  refuse  to  take  (and  if  required)  sub- 

37  scribe  said   oath,  the  Judge  or  Justices  aforesaid,  shall  re- 

38  quire  him  or  them  to  enter  into  bond  with  sufficient  security 

39  securities  to  depart  the  State  within  such  time  as  the  Judge 

40  or  Justices  may  in   their  discretion  prescribe  ;  and  in  the 

41  mean  time  to  be  of  good  behaviour ;  and  in  default  of  such 

42  bond  and  securities,  the  said  person  or  persons  may,  by  the 

43  Judge  or  Justices,  be  committed  to  prison   until  he  or  they 

44  shall  comply  with  this  ordinance. 


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